Terms of Service

Background

Streamfile AB (Streamfile), a company incorporated under the laws of Sweden(Swedish Organization Number 556737-3914) is a company working with the productions and supply of products and services within file transfer. Streamfile has developed an application service in which a user of the service can forward a file to a designated recipient. This Agreement covers the obligations between Streamfile when supplying the file transfer services and the obligations of the party making use of the file transfer services.

Definitions

Encryption Standard: All of our file transfers have the option to be encrypted with high-grade AES 256-bit SSL encryption.

File Insurance: The provision of a third party insurance policy insuring the files to be transported through the Streamfile service against non arrival or in breach of this Agreement.

Intellectual Property: Intellectual Property are innovative ideas and expressions of the human mind that have commercial value and receive the legal protection of a property right. The major legal mechanisms for protecting intellectual property rights are trademarks, trade names, copyrights, patents etc.

Member: Any registered User.

Personal Information: The information that Member provides to Steamfile when registering as a User.

SMTP: Stands for Simple Mail Transfer Protocol and constitutes a protocol for transferring electronic mail from the Streamfile System to the recipient. Streamfile uses also a third party SMTP gateway for the delivery of e-mail messages.

Streamfile System: The computer architecture (hardware and software) controlled by Streamfile. The Streamfile System does not include third party hardware, software or services which is necessary to carry out the file transfer services according to this Agreement.

Uptime: The total time that the server is available for service. Uptime refers to the percentage of time that the website/server is viewable/is available for service and operating - 99, 3%.

User: Any of the User Categories.

User Categories: Unregistered User, Registered User or Paying Registered User.

User Terms: The individual terms and conditions valid for each respective User Category stipulated in Enclosure 1 to this Agreement. The terms and conditions reflect the present situation at the time of accepting this Agreement. The terms and conditions depend on uncertain contingencies such as third party costs depending on currency fluctuations, technical requirements, legal requirements etc. and can therefore be amended by Streamfile at any time. The User Categories with pending Agreements will be bound by each change in the User Terms.

Unregistered User: Unregistered Users have limitations in access to the services in relation to the other User Categories (Enclosure 1).

Registered User: Registered Users have access to additional services in return for creating an account with Streamfile (Enclosure 1).

Paying Registered User (PRU): Paying Registered Users pay for using Streamfile and have access to additional services in return for creating an account with Streamfile (Enclosure 1).

Delivery

Streamfile undertakes to provide a party designated by the User access to a file that has been transferred by the User. This can only be accomplished providing that the User designates the required information requested by Streamfile at any given time, such as the correct e-mail address to the recipient.

The transfer of file is accomplished by the means of uploading the file to the Streamfile System. The Streamfile System delivers a mail with a link to the designated recipient who is granted the possibility to download the file by following the link. The conditions for upload and download vary depending on what User Category you are. The conditions for delivery are described by Streamfile given that you are a registered user. The conditions may be altered at any given time.

Content Legality

All Users guarantee that their use of the Streamfile Services are in compliance with law. This applies to the jurisdiction where each User has their residence, where the recipient is a resident and where Streamfile or any of its affiliates or somehow connected entities to supply the services under this agreement have their domicile, course of business or where the business has effect.

Illegal content is, but is not limited to, child pornography, third party intellectual property, secret know-how or information transferred without permission of the owner or material contrary to public order.

Terms of Delivery, Price, and Payment

Different conditions will apply with regard to price, time of delivery, access to files, insurance, etc. depending on which User Category a User belongs to.

The User undertakes to pay the price for the services made reference to in this Agreement at each given time. The User accept that the prices and conditions for the services will change from time to time. Streamfile will announce any changes of these conditions on www.streamfile.com within reasonable time.

Warranty

Streamfile will only be responsible for the functionality of the Streamfile System within the Uptime. This implies that no legal responsibility will be taken for architecture and services involving third parties even if this is crucial for the final delivery and possibility to upload or download the file. This includes, but is not limited to the transfer of the file from the Streamfile System to a third party SMTP (simple mail transfer protocol), User e-mail and anit-spam systems, or other means of communications between the User and the Streamfile System.

Streamfile cannot take any responsibility for the function, content or nature of the file. Streamfile transports the file without reviewing the file for any content, virus or deficiencies, which might have an effect on the recipient's property such as but not limited to hardware or software or otherwise effect the recipient emotionally.

Streamfile will guarantee the duration of the link on the Streamfile System as defined to each User Category. Streamfile will also guarantee that each file transfer can be encrypted according to the Encryption Standard.

The link that is provided when uploading a file is available for the Users according to the User Terms at each given time. After this stipulated time neither the link nor the file will be accessible. Streamfile does, however, not guarantee that the file is removed or deleted from the Streamfile System within the stipulated time.

Streamfile is not responsible for the recipient downloading the file through the link. Streamfile can only forward the link from the Streamfile System to the third Party SMTP, which in its turn forwards the link to the recipient.

Any erroneous insertion of an e-mail address will lead to a non-delivery of the file. Streamfile will not take any responsibility for such erroneous insertions.

Streamfile can, if requested, provide for the possibility to insure files. The conditions for such insurance will vary from time to time and depending on each individual file and User and the terms negotiated between Streamfile and the party providing the insurance.

Agreement of Assignment

Neither this Agreement, nor any rights or obligations under this Agreement, may be assigned, delegated, transferred, or made the subject of a security interest or otherwise encumbered, in whole or in part, by operation of law or otherwise, by any User without the prior written consent of Streamfile, which consent may be withheld in Streamfile's sole discretion. Streamfile may, however, assign the Agreement, or its rights or obligations hereunder, in whole or in part, to any person or entity without a written notice to User of any such assignment. Any purported assignment in violation of this Section shall be void. Subject to the foregoing, this Agreement and the parties' rights and obligations under this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.

Privacy Policy

Streamfile's primary purpose is to provide you with a safe and professional service. By entering this Agreement you do, however, also consent to the use of your Personal Information for both commercial and non commercial purposes.

We will use your personal information such as your e-mail address without further consent for non-marketing or administrative purposes (such as notifying you of major Streamfile Site changes or for customer service purposes).

We may, however, also use your email address or other personally identifiable information to send commercial or marketing messages without your consent. Your e-mail address may also be made accessible to third parties with which Streamfile has entered agreements.

We may, if you submit personal data to Streamfile, also use your personal information to operate, maintain and provide to you general and customized features and functionality of Streamfile's Site. We may also use this personal information to process activities or correspondence you send to us.

You may update or correct your personal profile information and email preferences at any time by visiting your account profile page.

Indemnity

All Users Categories will be liable to Streamfile for any claims made against Streamfile on the basis of the content of the files being transferred by Streamfile or the effect that distribution might have.

The User, irrespective of User Category, shall indemnify, defend, and hold harmless Streamfile and its Affiliates and their respective managers, members, officers, employees, agents, representatives, successors and assigns (each an "Indemnitee") from and against any and all claims, suits, proceedings, hearings, actions, obligations, risks, losses, liabilities, costs, expenses (including, without limitation, attorneys' fees), awards, settlements, compromises, penalties, and damages directly or indirectly based upon, arising from, or related to the User's transfer of files under this Agreement. The User, irrespective of Category, shall also indemnify Streamfile for any damages caused to Streamfile by the nature of the file being forwarded through the service covered by this Agreement.

Damages

Streamfile is not liable for indirect losses and consequential damages, such as lost profits, diminished production, costs of retaining a consultant, costs of equipment, lost business opportunities and similar costs or losses.

Streamfile's obligation to pay damages (including penalty for delay) in the case of breach of contract is limited to SEK 5.000.

Streamfile is only liable for damages to the User's property caused through the gross negligence of the Streamfile or its personnel; the amount of damages is limited to SEK 5.000.

Streamfile is not liable for the User's loss of data or if the data is not received or downloaded by the recipient.

Period of Contract

Streamfile has fulfilled its obligation to a User under this agreement after the link has left the Streamfile System and the Streamfile has granted access to the file on the Streamfile System. Appendix 1 to this Agreement may stipulate different terms to the User Categories.

Any User may terminate the contract immediately. The User will, however, not be reimbursed with its expenses which might have been paid for a time period following the time of termination.

Contacts

Any notice and other communication concerning application of the agreement to be given by a party under this Agreement (hereinafter called a Notice) shall be in the English language and deemed to be valid and effective if personally served on the other party by e-mail to the following addresses:

Streamfile: info@streamfile.com

User: User contact e-mail

A Notice shall be deemed to have been given: on the date the e-mail is sent, provided receipt is duly confirmed by the other party.

Changes of address are to be notified as set out in this provision.

Force Majeure

If Streamfile is prevented, restricted or interfered from performing any of its obligations hereunder by an occurrence beyond its reasonable control such as, but not limited to, fire, flood, earthquake, war, insurrection, terrorism, government regulations, raw material shortage, sabotage, strikes, or lack of common carrier facilities, a breakdown of major network communication loss, or other casualty or accident ("Force Majure") then Streamfile shall be excused from performance for so long as such occurrence exists.

Severability

If any term of this Agreement is in violation of, or prohibited by, any applicable law or regulation, such term shall be deemed as amended or deleted to conform to such law or regulation without invalidating or amending or deleting any other term of this Agreement.

Entire Agreement

The contract and its appendices constitute the entire agreement between the parties on all issues to which the Agreement relates. The contents of this Agreement and its appendices supersede all previous written or oral commitments and undertakings.

Governing Law

This Agreement shall be governed by and construed in accordance with Swedish law.